If you are threatened, pushed, or attacked, it can be hard to know when and how to protect yourself and your family. Learn about North Carolina’s “stand your ground” rule if you live in Mecklenburg County.
This is especially important if you have been charged with a crime but think you were protecting yourself or your family. Our team of experienced criminal defense lawyers is ready to answer your questions and help you build a strong case.
What Is North Carolina’s Stand Your Ground Law?
North Carolina passed a “stand your ground” rule in 2011, just like a lot of other states. N.C.G.S. 14.51.3 says that people can use dangerous force to protect themselves in their homes, cars, and places of work.
If they are legally in either of these places, they can use deadly force and do not have to run away:
They have a good reason to think that using force is the only way to keep themselves or someone else from suffering serious harm or dying soon.
The person is in their own home, car, or place of work when they or someone else is in immediate danger. The Castle Doctrine is the name for this.
It is not always possible for people to stand their ground, just like with many other rules. Force that can kill can not be used on:
There are police officers and other law enforcement officials who have shown their ID and are working in their official capacity.
Bail bond agents who have shown their ID and are working in their official capacity.
It is the landlord’s legal right to be where the person is, like in a rental home or office.
In addition, there are two other situations where the use of deadly force is not permitted:
Someone is committing a felony, trying to commit a felony, or trying to get away after committing a crime.
The person moves away or stops acting in a dangerous way.
How the Stand Your Ground Law Differs From Self-Defense Laws
People in North Carolina did not have the same rights to protect themselves or others under the state’s self-defense law.
Before the “stand your ground” rule was passed, North Carolinians had to get away from someone who was attacking them before they could use deadly force against them.
There was a chance that they would be charged with attack, battery, or manslaughter or murder if they did not run away when they were told to.
Also, the amount of force that is legal in our state is different from other states’. The only time someone could use fair force was to protect themselves or someone else.
This means that if someone hit them, they could punch back. On the other hand, they could not use a gun or any other dangerous force that was stronger than what was used against them.
Our Stand Your Ground Law May Be Changed
Because so many people have been charged with crimes for using too much force to protect themselves, North Carolina’s “stand your ground” law might be changed.
The “Gun Safety Act” will be talked about by our lawmakers in 2023. It would take away everyone’s right to use deadly force in their home, car, or place of work.
Another proposed law would get rid of the “stand your ground” law and go back to North Carolina’s old self-defense law, which said that someone had to try to run away before they could use force to protect themselves.
But the Castle Doctrine would still be used, which says that force, even killing force, can be used in someone is home, car, or place of work.
How to Know if the Stand Your Ground Law Applies in Your Case
A good criminal defense lawyer who knows about North Carolina’s Stand Your Ground Law can help you figure out if it can be used in your case. A lawyer will also be able to help you find other ways to fight the charges against you.
If you want to try to get the charges dropped or changed to a less dangerous crime, you need a skilled criminal defense lawyer to help you. Want to know more? Fill out our online form or give us a call at 980-207-3355 right now.
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